Accidents at work can not only lead to serious injury and illness but they can also cause a loss of earnings and carry medical expenses. Victims of industrial accidents that were not at fault for the accident may have the right to claim compensation from their employer, or former employer, and below are answers to a number of questions that are commonly asked of the compensation scheme and the process involved.
Do I Have A Right To Claim Compensation?
Your employer is obliged to ensure that you remain safe and free from harm while you are at work. If it is possible to prove negligence on the part of your employer, whether through poor working conditions or even a lack of training or adequate safety gear, then you could have a strong case for claiming compensation. Every case is different, though, and it is important that you seek legal advice to determine whether you can claim.
How Long Do I Have To Claim?
Your first concern following an accident should be to ensure that you are OK, to report the accident, and to seek medical attention. Ideally, once you have seen a doctor or healthcare professional you should contact a solicitor that specialises in accidents at work. You have three years from the date of the accident to submit a claim so don’t leave it too long.
Will Claiming Affect My Job?
In reality, when you claim compensation from your employer, it is their insurance company that will meet any compensation cost and not your actual employer. You have a right to continue in your employment unaffected by your right to make compensation.
Will I Have To Appear In Court?
The majority of accident at work cases are settled before they reach court. This works out less expensive and less time consuming for all parties, but there are still some instances where the case will proceed to a court hearing. If it does reach court, then you will usually need to attend in order to put forward your side of events and to answer any questions that may be asked of you. Your solicitor will prepare you for this well in advance.
Will I Need A Medical Examination?
You will need to have a medical examination as part of the claims procedure. This examination will be carried out by at least one medical examiner and if you do not submit to the examination then your claim will be rejected.
What If My Employer Is No Longer In Business?
If you have suffered an accident at work and your employer is no longer in business you are still able to make a claim. You may receive compensation from a government run scheme that was set up for such eventualities.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
ABOUT THE AUTHOR
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
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